Professional negligence: After the fall
The use of after-the-event (ATE) insurance in personal injury claims is now well established and, indeed, routine. Such insurance provides cover to the claimant for their opponent's costs in the event that their claim is lost. It would be unthinkable for a personal injury claim to be conducted other than on a conditional fee agreement (CFA) with ATE. However the use of ATE insurance, or indeed CFAs, either 'no win, no fee' or 'no win, low fee' (see Gloucester County Council v Evans), remains rare in professional negligence claims.
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